Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1887-02-10

the prisoner should be required to serve
out 10 years, less the time he had already
served.
Judge Houston read lengthy opinion.
He said Mccoy had been sentenced to 10
years. imprisonment beginning on the
10th day Of December, 1873, and ending
on the 9th Of December, 1888. He con
sidered it fallacious construction of the
statute which made IL provide that the
sentence could not extend beyond the
date named in 1883. He enumerated q
number of cases, somewhat similar, from
the reports OF other states and concluded
that the prisoner SHOULD serve out the 10
years of his sentence minus the length of
service already to his credit.
A. B. Cooper, Esq, asked whether it
was the order of the court that his client
should have credit for the length AZ time
he had actually served. He was informed
that such was the case. An ord, r was
then made embodyihg the courts deci-
sion III the case.
The grand jury returned with but two
indictment and the prisoners were ar.
raigned at once.
Robert Sewell, colored, was charged
with stealing turkey belonging TO the
Randolph Peters Nursery Company on
Thanksgiving eve last. He pleaded
guilty and was sentenced to pay costs
and ~ restitution money, and receive 10
lashes and three months imprisonment.
Job Waters, colored, was charged with
the larceny of SIT 80 in coin from Alex
ander Wellington, in ChrIstiana hundred,
on the 14th ultimo. He pleaded guilty.
The sentence was to pay $17 SO restitu
ton money and costs, be whipped with
five lashes, and receive three months i'm
prisonment.
Court then took recess until o'clock.
Court reconyened aJ O'Clock in the
afternoon. At the request of Deputy
Attorney-Gen Biggs capiases were
issued for John Hoffman and Eliza
Bayard, who had failed to appear. The
witnesses in the case of Hoffman were
discharged from further attendance at
this court.
The grand jury presented indictments
against Francis Bayard and Perry roper,
both colored. They were charged unity
with having stolen $14 from Alexander
Wellington in Christiana hundred on the
14th ult. A second count charged them
with having stolen the same amount from
Job Waters, colored, on the same day
and third count charged them with hay
ingreceived the money from Waters, know
ing it to be stolen. Bayard pleaded guilty.
Cooper said "Not guilty; received the
money from Job Waters" City Solicitor
Turner stated that Cooper told him he
had gotten the money, knowing it to be
stolen, hut that he got it for the purpose
of returning it to the owner, and that be-
fore he could SO he was arrested with the
money in his possession. The explana-
ton was taken as plea of not guilty and
Cooper will be given trial.
Bayard was then sentenced to pay $14
restitution money and costs, to lie pill.
loried for one hour and serve six months
No lashes were imposed.
The grand jury is not yet through with
its business and was discharged until
this morning.
The entire afternoon was spent in wait
ing for the grand jury. There has been
but one trial before jury during the two
DAYS.
The court of oyer and terminer was
opened yesterday. The grand jury
having retired, the roll of the Jury sum
moned for the trial Of capital cases was
called as also the names of the witnesses
in the case of State vs.. Robert Elliott, Jr.
The officers of the State announced that
they were ready TO proceed with the tria
of Elliott. The defence being also rcRdy,
the prisoner was brought in walk g on
his crutches having lost leg in !, rail
road accident. He was arraigned in legal
form and pleaded not guilty. The bust
ness of drawing jury was then uttered
upon. Attorney General Paynter and bis
deputy, John Biggs, Esq, represented
the State and the prisoner was repre-
scented by H. o. Turner and Walter Bacon,
Esqs.
The following jury was selected, about
one hour having been consumed in the
choosing John @. Phillips, Joseph F.
Deakyne, George T. Hill, Duval Gibbs,
P. Reybold, Edward B. Conner, John r.
Lyman, Jacob NJ. Way, William L. Collins
and James +. Moore.
The following were challenged by the
defence Robert Rankin, Joseph Parker,
James NJ. Hamilton, John H. Bennett,
Lewis r. Hushabeck, Jacob Foster, Vim
cent s Oats, Thomas w. Marcy, James
H. Mote, Elihu B. Tall y, Harry Lee,
George Springer, William T. Collins,
William B. King, franklin Eastburn,
George d. Watson, Ephraim Beaston,
ClarenceC. Jones and Washington Barron.
The State challenged John Kane and
Anton Hauber.
The following expressed conscientious
scruples against finding verdict of
entity in case where the punishment is
death: James M. Murray, Ananias
Ennis, Israel Pritohard, Robert Robbins
and Samuel O. Thomas.
Deputy Attorney-G General Biggs opened
the case with an address to the jury. The
prisoner was charged with causing the
death of Patrick Fl. Ooyle of Pawtuckst,
X. I. The blow which caused the death
was inflicted on October LIST, 1885, and
the death occurred at the county aims
house ON the 18th of the same month.
Mr.. Biggs defned the law in cases of
homicide and then recited the history of
this case. The first witness called was
Frank r.. Carswell, who identified and
explained plot of the scene of the as
sault at Water and Orange streets, this
city. The plot was offered in evidence.
William Fl. Legg was the next witness.
He is the proprietor of the Atlantic
Garden. The prisoner and two other
men were in his place on the night of
October LIST, the night of the day that
John L. Sullivan was at Schuetzen Park.
Elliott spoke to him, so that he remem-
befed him. The party left his house
about 10 O'Clock or little before.
Thomas Ryan, waiter at the Atlantic
Garden, was next called. He said the
three men who were at the garden
together were Elliott, Matthew Nc
Donough and stranger, whom he did
not know.
Patrick Haggerty was the next witness.
He is an attache of the Wilmington Co.
operative Coal Company. He went down
to the yard on the morning of October
LIST about $50 O'Clock, and found man
lying in the alley approaching the yard
with his head in the wagon track. He
removed the man from the wagonway,
and he complained at that time of sore
ness in his neck and wanted Haggerty to
rub it. The witness left him lying in
frame shed, and about three hours later
found he was still there, seeming to have
chill. He had spot on the head that
looked as il he had been hit, and the
witness began to think that the man had
been hurt. He then sent for the police,
who took the man to the city hall. he
learned afterward that the man was Pat
rick H. Ooyle. Coyle conld not talk at
the time the police arrived; he tried, but
all he could do was TO humble the word
Money" Officer Hanna and he ex-
amined Coyle's pockets and found so in
money in a vest pocket.
Thomas Percival, an employee Of J. ].
Dougherty X Bro, was called. When he
heard an injured man had been found
near Kents building he went around to
see him. The man asked him to rub his
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